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National Labor Relations Board › Unfair Labor Practices › Retaliation

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Littler

NLRB and OSHA Announce MOU to Strengthen Health and Safety

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On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the...more

Davis Wright Tremaine LLP

Non-Union Employers Face Triple Threat: Unfair Labor Practice Charges, Unionization, and Bargaining Orders

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The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more

Foley Hoag LLP

NLRB Addresses Labor Issues Arising from COVID-19

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Since the beginning of the COVID-19 pandemic, U.S. employers have struggled with how to address the unanticipated ramifications of the pandemic while at the same time meeting their obligations under federal labor law. ...more

Pillsbury Winthrop Shaw Pittman LLP

NLRB Establishes New Test for Employer Discharge of Employees for Abusive Comments

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New standard grants more leeway to employers to prohibit abusive conduct, even in connection with otherwise protected, concerted activity. The Board’s new standard will allow employers more predictability and discretion to...more

Littler

NLRB Scrutinizes Employer Motivation in Hiring Replacement Workers During Strike

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Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...more

Littler

NLRB Changes Standard for Deferral to Arbitration in Discrimination and Retaliation Cases

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In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent.  In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board...more

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